45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO HEALTH; COORDINATING THE AVAILABILITY OF HEALTH PROFESSIONALS IN UNDERSERVED AREAS; PROVIDING CERTAIN DUTIES FOR THE HEALTH PROFESSION ADVISORY COMMITTEE AND THE NEW MEXICO HEALTH POLICY COMMISSION; AMENDING CERTAIN SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 9-7-11.2 NMSA 1978 (being Laws 1991, Chapter 139, Section 2, as amended) is amended to read:

"9-7-11.2. NEW MEXICO HEALTH POLICY COMMISSION CREATED--COMPOSITION--DUTIES.--

A. There is created the "New Mexico health policy commission", which is administratively attached to the department of finance and administration.

B. The New Mexico health policy commission shall consist of eight members appointed by the governor with the advice and consent of the senate to reflect the ethnic, economic, geographic and professional diversity of the state. No member of the commission shall have a pecuniary or fiduciary interest in the health services industry for three years preceding his appointment to the commission. Two members shall be appointed for one-year terms, three members shall be appointed for two-year terms, three members shall be appointed for three-year terms and all subsequent appointments shall be made for three-year terms.

C. The New Mexico health policy commission shall meet at the call of the chairman and shall meet not less than quarterly. The chairman shall be elected from among the members of the commission. Members of the New Mexico health policy commission shall not be paid but shall receive per diem and mileage expenses as provided in the Per Diem and Mileage Act.

D. The New Mexico health policy commission shall establish task forces as needed to make recommendations to the commission on various health issues. Task force members may include individuals who have expertise or a pecuniary or fiduciary interest in the health services industry. Voting members of a task force may receive mileage expenses if they: (1) are members who represent consumer interests;

(2) are individuals who were not appointed to represent the views of the organization or agency for which they work; or

(3) represent an organization that has a policy of not reimbursing travel expenses of employees or representatives for travel to meetings.

E. The New Mexico health policy commission shall:

(1) develop a plan for and monitor the implementation of the state's health policy;

(2) obtain and evaluate information from a broad spectrum of New Mexico's society to develop and monitor the implementation of the state's health policy;

(3) obtain and evaluate information relating to factors that affect the availability and accessibility of health services and health care personnel in the public and private sectors;

(4) expand the geographic access data system to include collection, assessment and analysis of data on behavioral and allied health professionals;

[(4)] (5) perform an annual inventory and needs assessments on health personnel, health education, [and] recruitment and retention and make recommendations regarding the training, recruitment, placement and retention of health professionals, including basic medical, dental, behavioral and allied health professionals, in underserved areas of the state;

[(5)] (6) prepare and publish an annual report describing the progress in addressing the state's health policy and planning issues. The report shall include a workplan of goals and objectives for addressing the state's health policy and planning issues in the upcoming year;

[(6)] (7) distribute the annual report to the governor, appropriate state agencies and interim legislative committees and interested parties;

[(7)] (8) establish a process to prioritize recommendations on program development, resource allocation and proposed legislation;

[(8)] (9) provide information and analysis on health issues;

[(9)] (10) serve as a catalyst and synthesizer of health policy in the public and private sectors; [and

(10)] (11) respond to requests by the executive and legislative branches of government; and

(12) provide staff services to the health profession advisory committee created by Section 21-1-26.8 NMSA 1978."

Section 2. Section 13-1-98 NMSA 1978 (being Laws 1984, Chapter 65, Section 71, as amended) is amended to read:

"13-1-98. EXEMPTIONS FROM THE PROCUREMENT CODE.--The provisions of the Procurement Code shall not apply to:

A. procurement of items of tangible personal property or services by a state agency or a local public body from a state agency, a local public body or external procurement unit, except as otherwise provided in Sections 13-1-135 through 13-1-137 NMSA 1978;

B. procurement of tangible personal property or services for the governor's mansion and grounds;

C. printing and duplicating contracts involving materials [which] that are required to be filed in connection with proceedings before administrative agencies or state or federal courts;

D. purchases of publicly provided or publicly regulated gas, electricity, water, sewer and refuse collection services;

E. purchases of books and periodicals from the publishers or copyright holders thereof;

F. travel or shipping by common carrier or by private conveyance or to meals and lodging;

G. purchase of livestock at auction rings or to the procurement of animals to be used for research and experimentation or exhibit;

H. contracts with businesses for public school transportation services;

I. procurement of tangible personal property or services, as defined by Sections 13-1-87 and 13-1-93 NMSA 1978, by the corrections industries division of the corrections department pursuant to regulations adopted by the corrections commission, which shall be reviewed by the purchasing division of the general services department prior to adoption;

J. minor purchases not exceeding five thousand dollars ($5,000) consisting of magazine subscriptions, conference registration fees and other similar purchases where prepayments are required;

K. municipalities having adopted home rule charters and having enacted their own purchasing ordinances;

L. the issuance, sale and delivery of public securities pursuant to the applicable authorizing statute, with the exception of bond attorneys and general financial consultants;

M. contracts entered into by a local public body with a private independent contractor for the operation, or provision and operation, of a jail pursuant to Sections 33-3-26 and 33-3-27 NMSA 1978;

N. contracts for maintenance of grounds and facilities at highway rest stops and other employment opportunities, excluding those intended for the direct care and support of persons with handicaps, entered into by state agencies with private, nonprofit, independent contractors who provide services to persons with handicaps;

O. contracts and expenditures for services to be paid or compensated by money or other property transferred to New Mexico law enforcement agencies by the United States department of justice drug enforcement administration;

P. contracts for retirement and other benefits pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978;

Q. contracts with professional entertainers; [and]

R. contracts and expenditures for litigation expenses in connection with proceedings before administrative agencies or state or federal courts, including experts, mediators, court reporters, process servers and witness fees, but not including attorney contracts; and

S. contracts with health professionals signed pursuant to the provisions of the Health Service Corps Act."

Section 3. Section 21-1-26.8 NMSA 1978 (being Laws 1995, Chapter 144, Section 1) is amended to read:

"21-1-26.8. HEALTH PROFESSION ADVISORY COMMITTEE--CREATED--DUTIES--STAFF.--

A. The "health profession advisory committee" [is created to] shall advise the commission on higher education on [matters relating to] the awarding and administration of student loan programs for health professionals [The health profession advisory committee replaces the medical shortage area committee] and the department of health on selection of types of health professionals and practice sites pursuant to the Health Service Corps Act.

B. The health profession advisory committee shall be composed of a representative of the department of health; a representative of the New Mexico health policy commission; and representatives of public post-secondary health and medical training programs, underserved health and medical area providers, recruiting and placement organizations and professional health and medical associations. Members shall be appointed by the commission on higher education pursuant to the policies and procedures of the commission.

C. The health profession advisory committee shall:

(1) designate [health professional shortage] areas of the state underserved by health professionals and identify high-needs populations;

(2) make recommendations to the commission on higher education on applicants for medical, osteopathic, nursing and allied health loan for service programs and loan repayment programs; [and]

(3) provide direction to the department of health on the need for health professionals to serve in the health service corps; and

[(3)] (4) give advice or other assistance to the commission as requested.

D. Staff for the committee shall be provided by the New Mexico health policy commission."

Section 4. Section 24-1D-2 NMSA 1978 (being Laws 1994, Chapter 63, Section 2) is amended to read:

"24-1D-2. DEFINITIONS.--As used in the Health Service Corps Act:

A. "committee" means the health profession advisory committee created by Section 21-1-26.8 NMSA 1978;

[A.] B. "corps" means the New Mexico health service corps;

[B.] C. "department" means the department of health;

[C.] D. "health professional" means a physician, physician assistant, nurse practitioner, nurse-midwife or emergency medical technician-paramedic;

[D.] E. "physician" means a medical doctor or doctor of osteopathic medicine;

[E.] F. "physician assistant" means a physician assistant or osteopathic physician assistant; and

[F.] G. "practice site" means a public health clinic or public or private nonprofit primary care clinic that is [located in a state-designated medically] designated by the committee as an underserved area or an area that serves a high-needs population and that uses a sliding fee scale approved by the department."

Section 5. Section 24-1D-3 NMSA 1978 (being Laws 1994, Chapter 63, Section 3) is amended to read:

"24-1D-3. NEW MEXICO HEALTH SERVICE CORPS--STAFF--DEPARTMENT POWERS AND DUTIES.--

A. The "New Mexico health service corps" is created in the department to recruit and place health professionals in [rural and other] service in medically underserved areas and to high-needs populations. The secretary of health may employ a medical director to head the corps. The medical director may employ support staff and employ or contract with health professional staff. Employees are subject to the provisions of the Personnel Act.

B. The corps has the power to:

(1) enter into contracts to carry out the provisions of the Health Service Corps Act and sue for enforcement of those contracts; and

(2) adopt and file, in accordance with the State Rules Act, rules [and regulations] to carry out the provisions of the Health Service Corps Act.

C. Following recommendations of the committee, the corps shall:

(1) recruit health professionals as employees or contractors of the corps;

(2) determine physician specialties to be recruited, with a focus on family practice physicians;

(3) establish criteria and procedures for the acceptance of applications and selection of recipients for commitment stipends;

(4) establish criteria and procedures for evaluating and qualifying corps health professionals;

(5) determine and maintain a list of eligible communities and practice sites;

(6) determine the need for health professionals at each practice site and assign staff as needed on a priority basis;

(7) provide support for health professionals at practice sites;

(8) work closely with the commission on higher education and the educational assistance foundation to coordinate the use of health professionals who have practice obligations pursuant to the Medical Student Loan for Service Act, the Osteopathic Medical Student Loan for Service Act or the Nursing Student Loan for Service Act;

(9) work with the university of New Mexico school of medicine, college of nursing, the emergency medical services academy and any other entity to identify students or residents who qualify for the corps; and

(10) establish accounting and auditing procedures to account for all money paid to health professionals or received from communities and practice sites."